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HomeMy WebLinkAboutMinutes_Special Master_01/30/2018 SPECIAL MAGISTRATE January 30, 2018 HEARING � CALL TO ORDER AND ROLL CALL The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, Code Enforcement Officer Dennis Rick and Village Attorney Amity Barnard. The following cases were heard by the Special Magistrate who swore in 13 people involved in Quasi-Judicial cases. REPEAT VIOLATION HEARINGS None FINE ASSESSMENT/ STATUS HEARINGS 1. Case Number: E170044 Alvin Bergerman 391 Norfolk Ave Tequesta, FL 33469 PC N: 60-42-40-25-06-018-0070 Legal Description: JUPITER IN THE PINES SEC B LT 7 BLK 18 IPMC 302.7 Accessory Structures Chapter 30 Article II Section 30-33, Prohibited Conditions Chapter 46 Article III Section 46-73; Parking of Certain commercial vehicles, Trucks, and recreational vehicles in R-1, R-2 and R-3 districts This case was withdrawn. 2. Case Number: E170035 Wendimere Villas Phase II Condominium Association Inc. 413,415,417,419 N Cypress Drive Tequesta, FL 33469 PCN: Multiple Legal Description: WENDIMERE VILLAS PHASE II COND Chapter 14 Article VI Section 14-152; Building Permits Findings of Fact were that the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by Henry Gassman, Property Manager; there was also a finding of proper notice. By the "Order Finding Violation" dated October 24, 2017, the Special Magistrate ordered the Respondent to Minutes—Special Magistrate 01/30/2018 Page 2 comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before January 15, 2018. Based upon the evidence, pictures and testimony presented at the hearing on January 30, 2018, the Special Magistrate found that the property was not in compliance with Section 14-152 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the above-stated facts constituted a continued violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that a Fine of Seven Hundred Fifty Dollars ($750.00) was hereby assessed, at Fifty Dollars ($50.00) per day, for the violations which had existed on the property beginning from January 16, 2018 through January 30, 2017, a period of fifteen (15) days; and continued to accrue at Fifty Dollars ($50.00) per day until compliance was achieved. The Special Magistrate assessed $194.46 for administrative costs incurred by the Village for the October 18, 2017 hearing and $199.44 for administrative costs incurred by the Village for the January 30, 2018 hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. 3. Case Number: E170022 Tamwest Realty Inc. 564 US HIGHWAY 1 Tequesta, FL 33469 PCN: 60-43-30-00-001-0080 Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT (LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 FT OF W 430 FT OF ELY 639.21 FT OF GOV LT 1 LYG W OF 8�ADJ TO US HWY 1 RNV& PT OF GOV LT 2 LYG N OF &ADJ TO VILLAGE BLVD & W OF 8�ADJ TO US HWY 1 R/WS (LESS N 68.33 FT OF W 115.70 FT N 23.33 FT OF E 193.33 FT OF W 309.03 FT, SLY 250 FT OF WLY 125 FT OF ELY 840.83 FT & SLY 272.59 FT OF ELY 178 FT) & PT OF NW 1/4 LYG E OF 8� ADJ TO PB89P108 & W OF &ADJ TO GOV LT 2 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-300; Location and screening of dumpsters Findings of Fact were that the Respondent was the owner of the above-described property. Respondent was represented at the hearing by Lupe Bererra of Jupiter Tequesta Air Conditioning; there was also a finding of proper notice. By the "Order Finding Violation" dated October 24, 2017, the Special Magistrate ordered the Respondent to comply with Section 30-33 (prohibited conditions — overflowing garbage) Minutes—Special Magistrate 01/30/2018 Page 3 of the Code of Ordinances of the Village of Tequesta within fifteen (15) days and Section 78-300 (location and screening of dumpsters) of the Code of Ordinances of the Village of Tequesta within sixty (60) days. Based upon the evidence, pictures and testimony presented at the hearing on January 30, 2018, the Special Magistrate found that the properly was not in compliance with Sections 30-33 and 78-300 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the above-stated facts constituted a continued violation of Sections 30-33 and 78-300 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to immediately cease and desist from all further violations of Section 30-33 (prohibited conditions — overflowing garbage) of the Code of Ordinances of the Village of Tequesta. If Respondent further violated Section 30-33 (prohibited conditions — overtlowing garbage) of the Code of Ordinances of the Village of Tequesta, Respondent shall be assessed a Fine of Two Hundred Fifty Dollars ($250.00) for each additional violation observed on the property. It was further ordered that a Fine of Twenty-Five Dollars ($25.00) was hereby assessed, at Twenty-Five Dollars ($25.00) per day, for the violations of Section 78-300 (location and screening of dumpsters) of the Code of Ordinances of the Village of Tequesta which have existed on the property beginning from January 30, 2018 through January 30, 2018, a period of one (1) day; and continued to accrue at Twenty-Five Dollars ($25.00) per day until compliance was achieved. The Respondent also was assessed $214.40 for administrative costs incurred by the Village for the October 18, 2017 hearing and $233.32 for administrative costs incurred by the Village for the January 30, 2018 hearing. 4. Case Number: 2016-0047 Rood Williams American Legion Post 271 Inc. 775 N. US HIGHWAY 1 Tequesta, FL 33469 P C N: 60-43-40-30-00-003-0120 Legal Description: 30-40-43, N 200 FT OF WLY 373.13 FT OF GOV LT 3 AS MEAS ALONG & AT RIGHT ANGL TO N LI � LYG E OF CENT LI US HWY NO 1 (LESS WLY 60 FT R/V� Chapter 78 Article X Section 78-693; Paving of Parking spaces; Obstruction in parking areas Section 78-694; Parking spaces for the handicapped Section 78-700; Drainage and maintenance of off street parking areas Section 78-699; Screening and landscaping of off street parking areas Section 78-701; Marking and lighting of parking areas Chapter 78 Article IX Section 78-299; Location and screening of generators air conditioners, pool equipment and similar mechanical equipment Section 78-300; Location and screening of dumpsters Minutes—Special Magistrate 01/30/2018 Page 4 Findings of Fact were that the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by Commander Jay Josco and Vice Commander David Pietrafese; there was also a finding of proper notice. By the "Order Finding Violation" dated October 24, 2017, the Special Magistrate ordered the Respondent to comply with Sections 78-693, 78-694, 78-700, 78-699, 78-701, 78- 299 and 78-300 of the Code of Ordinances of the Village of Tequesta within sixty (60) days. Based upon the evidence, pictures and testimony presented at the hearing on January 30, 2018, the Special Magistrate found that the property was not in compliance with Sections 78-693, 78-694, 78-700, 78-699, 78-701, 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the above-stated facts constituted a continued violation of Sections 78-693, 78-694, 78-700, 78-699, 78-701, 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that a Fine of Twenty-Five Dollars ($25.00) was assessed, at Twenty-Five Dollars ($25.00) per day, for the violations of Sections 78- 693, 78-694, 78-700, 78-699, 78-701, 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta which had existed on the property beginning from January 30, 2018 through January 30, 2018, a period of one (1) day; and continued to accrue at Twenty-Five Dollars ($25.00) per day until compliance was achieved. The Respondent also was assessed $187.96 for administrative costs incurred by the Village for the October 18, 2017 hearing and $187.96 for administrative costs incurred by the Village for the January 30, 2018 hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. 5. Case Number: 2017-0030 Red Fern Capital 279 US HIGHWAY 1 Tequesta, FL 33469 Chapter 14 Article VI Section 14-152; Building Permits Section 14-153; Plumbing Permits Section 14-154; Electrical Permits Chapter 70 Article II Section 70-44; Engaging in business without a receipt; renewal of receipt; penalty for failure to obtain receipt or pay tax. Findings of Fact were that the Respondent was the owner of the above-described property. The Respondent was represented at the hearing by John Ryan, Interest Holder; Larry Smith, Counsel for Tenant (Hogsnappers); and Mark Campbell, Tenant (Hogsnappers); there was also a finding of proper notice. Minutes—Special Magistrate 01/30/2018 Page 5 The Special Magistrate ordered that this matter be continued. VIOLATION HEARINGS 6. Case Number: E170121 Deanna and Thomas Hansen 538 N. Dover Road Tequesta, FL 33469 PC N: 60-42-40-25-06-016-0170 Legal Description: JUPITER IN THE PINES SEC B LT 17 BLK 16 Chapter 46 Article III Section 46-73; Parking of certain commercial vehicles, Trucks and recreational vehicles in R1, R2 and R3 districts Findings of Fact were that Respondents were the owners for the above-described property. Respondents were not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Dennis Rick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. As of the hearing on January 30, 2018, based on testimony presented by the code enforcement officers, the property was in compliance with Section 46-73, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above-stated facts constituted a violation of Section 46-73 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that the respondents continue to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta. Should respondent violate the same Section of the Code again, respondent may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. 7. Case Number: E170113 Gregory and Lorelei Chretien 36 Pine Hill Trail E Tequesta, FL 33469 P C N: 60-42-40-25-25-000-0340 Legal Description: TEQUESTA PINES LT 34 International Property Maintenance Code 302.8 Motor Vehicles This case was withdrawn. Minutes—Special Magistrate 01/30/2018 Page 6 8. Case Number: E170086 Christopher and Tausha Schreiber 320 Leigh Road Tequesta, FL 33469 PC N: 60-43-40-30-04-037-0040 Legal Description: JUPITER IN THE PINES SEC D LOT 4 BLK 37 Chapter 46 Article III Section 46-73; Parking of certain commercial vehicles, Trucks and recreational vehicles in R1, R2 and R3 districts This case was withdrawn. 9. Case Number: E170084 Tamwest Realty Inc. 506 N. US HIGHWAY 1 Tequesta, FL 33469 PCN: 60-43-30-00-001-0080 Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT (LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 FT OF W 430 FT OF ELY 639.21 FT OF GOV LT 1 LYG W OF � ADJ TO US HWY 1 R/W& PT OF GOV LT 2 LYG N OF & ADJ TO VILLAGE BLVD 8� W OF 8�ADJ TO US HWY 1 R/WS (LESS N 68.33 FT OF W 115.70 FT N 23.33 FT OF E 193.33 FT OF W 309.03 FT, SLY 250 FT OF WLY 125 FT OF ELY 840.83 FT & SLY 272.59 FT OF ELY 178 FT) & PT OF NW 1/4 LYG E OF & ADJ TO PB89P108 & W OF & ADJ TO GOV LT 2 Chapter 34 Article III Section 34-63; Fees Findings of Fact were that The Respondent was represented at the hearing by Julia Bilodean, Tenant; there was also a finding of proper notice. Code Enforcement Officer Dennis Rick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. As of the hearing on January 30, 2018, based on testimony presented by code enforcement officers, the property was not in compliance with Section 34-63. Conclusions of Law were that the above-stated facts constituted a violation of Section 34-63 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate Ordered that the Respondent hereby immediately comply with Section 34-63 of the Code of Ordinances of the Village of Tequesta by paying the fire inspection fee that day, January 30, 2018. If the respondent failed to pay the fire inspection fee that day January 30, 2018, the Respondent would be invoiced in the amount of $233.32 for the Village's administrative costs for the January 30, 2018 hearing. Please take notice that respondent must appear at the Fine Assessment Hearing which will be held on the 28th day of February, 2018 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Minutes—Special Magistrate 01/30/2018 Page 7 Enforcement Officer certifies that you have timely brought your property into compliance. Should respondent violate the same Section of the Code again, respondent may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. FINE REDUCTION HEARINGS There were none. FORCLOSURE AUTHORIZATIONS There were none. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, ,�,\tN�t„11111111 t I I I Illl lI///� a1�.,��C°�c�.�,c=�-�— a',�`�C���PO��TQ.�G,. ,�'v. GO �:tt�`": Lori McWilliams, MMC �=� �•.N�' =>� SEAL ��= Vlllage Clefk = ;INCORPORATED� ' ;'���E 4 19�OQ```.``, ATTEST: ��""�-�,��,F,��,���`�"��, Code Enforcement Officer APPROVED: ��� --_ ��� \ � ;� �,;,��� � ,�� ��, ;� S�ciat Ma rstrate Date Approved r �k�'